Limits of the Prohibition of Using Personal Data of Social Assistance Beneficiaries

The objective of this paper is to present the limits of using personal data of the social assistance beneficiaries. Therefore, it will analyse issues concerning such terms as personal data, the essence of its protection, the essence of the limit in personal data use, acceptability and rules of personal data pro- cessing on the grounds of both general and specific legal solutions included in the Act on Social Assistance.

It is important to emphasise that the limits of using personal data of the persons benefitting from social security are determined by means of legal solutions referring to personal data protection. The basic regulation in this question is APDP of 29 August 1997, and specific solutions may be found foremost in Article 100 ASA of 12 March 2004, which implies that in the proceedings on social assistance benefits it is important to pursue primarily the good of social assistance beneficiaries, as well as protection of their personal rights. In particular, the names of social assistance beneficiaries and the type and range of the benefit granted must not be published. On the other hand, to a degree necessary for granting and allotting social assistance benefits, it is allowed to process personal data of applicants for and users of these benefits referring to: ethnic origins, state of health, bad habits, convictions, statements of penalties, as well as other statements issued in judicial or administrative proceedings. The existence of exceptions which allow making beneficiaries’ personal data avail- able is justified. Every acceptance of revealing social assistance beneficiaries’ personal data is subject to many provisions of universally binding law, due to which beneficiaries may protect their rights and good name.